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DRAFT STATUTORY RULES 2015

S.R. No. /2015

Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) (Conduct on Public Transport)

Regulations 2015

The Governor in Council makes the following Regulations:

Dated:

Responsible Minister:

JACINTA ALLAN

Minister for Public Transport

Clerk of the Executive Council

Transport (Compliance and Miscellaneous) (Conduct on Public

Transport) Regulations 2015

PART 1—PRELIMINARY

1 Objectives

The objectives of these Regulations are to—

(a) regulate the conduct of persons on, and in relation to, trains, trams, buses and public

transport premises having regard to safety, fairness and community standards;

(b) facilitate comfortable and convenient travel for passengers on public transport;

(c) require persons crossing railway tracks or tramway tracks or otherwise interacting

with tracks to do so in a safe manner;

(d) require persons travelling in or on trains, trams and buses or being on public

transport premises to—

(i) behave safely and in a way that does not cause harm, or is not likely to cause

harm, to themselves or others;

(ii) behave in a way that does not unnecessarily disturb others;

(iii) use public transport equipment in a way that does not cause harm, or is likely to

cause harm, to themselves or others;

(iv) not damage property;

(e) regulate the parking of motor vehicles at designated park and ride facilities.

2 Authorising provisions

These Regulations are made under sections 56, 249B and 256 of the Transport

(Compliance and Miscellaneous) Act 1983.

3 Commencement

These Regulations commence on 26 June 2015.

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4 Revocation

The Transport (Conduct) Regulations 20051 are revoked.

5 Definitions

(1) In these Regulations—

appropriate written authorisation means written authorisation from—

(a) in relation to a public transport vehicle, the passenger transport company, rail

freight operator or bus company that operates the public transport vehicle; or

(b) in relation to public transport premises, the owner or occupier of the public

transport premises;

authorised officer has the same meaning as in section 208 of the Act;

authorised person (conduct) means—

(a) an authorised officer; or

(b) a police officer; or

(c) a protective services officer; or

(d) a person employed by a passenger transport company or a bus company who has

duties in relation to the issue, inspection or collection of tickets for travel in, or

the operation of, a passenger vehicle; or

(e) any other person appointed in writing by a passenger transport company or bus

company or rail freight operator, Rail Track, or the Secretary or the Public

Transport Development Authority for the purposes of these Regulations; or

(f) if a bus company is a natural person, that person;

bicycle has the same meaning as in the Road Rules;

bus premises has the same meaning as in the Transport (Safety Schemes

Compliance and Enforcement) Act 2014;

designated area has the same meaning as in the Transport (Ticketing) Regulations

2006;

designated park and ride facility means a park and ride facility within the meaning

of the Road Safety Act 1986 that is located at or adjacent to a railway station

specified in Schedule 1;

designated special needs seat means a seat designated for use by a person with

special needs;

designated tramway tracks means—

(a) the tramway tracks that run from the Whiteman Street tram stop to the St Kilda

Station tram stop; or

(b) the tramway tracks that run from the Whiteman Street tram stop to the Port

Melbourne tram stop;

exempt vehicle means—

(a) a taxi-cab within the meaning of section 86 of the Act; or

(b) a hire car within the meaning of section 86 of the Act; or

(c) an emergency vehicle within the meaning of the Road Rules; or

(d) an enforcement vehicle within the meaning of the Road Rules; or

(e) an escort vehicle within the meaning of the Road Safety (Vehicles) Regulations

2009; or

(f) a public bus within the meaning of the Road Rules;

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level crossing means—

(a) an area where a road and a railway meet at substantially the same level, whether

or not there is a level crossing sign on the road at all or any of the entrances to

the area; or

(b) an area where a road and tramway tracks meet at substantially the same level and

that has a level crossing sign on the road at each entrance to the area.

Diagram 1: Level crossing sign

Diagram 2: Level crossing sign

metropolitan train means a train—

(a) powered by electricity that operates on the metropolitan rail network; or

(b) operated for the purpose of a rail service running between the Frankston railway

station and the Stony Point railway station;

motor vehicle has the same meaning as in the Road Safety Act 1986;

park has the same meaning as in Part 12 of the Road Rules;

passenger vehicle has the same meaning as in the Transport (Ticketing) Regulations 2006;

pedestrian includes—

(a) a person in a motorised wheelchair that cannot travel at a speed of more than

10 kilometres per hour (on level ground); and

(b) a person in a non-motorised wheelchair; and

(c) a person pushing a motorised or non-motorised wheelchair;

person with special needs means—

(a) a person who, because of age, disability, illness or pregnancy has a special need to

travel in a seat; or

(b) the carer of a person referred to in paragraph (a), if that person has a need for the

carer's continuing or immediate assistance;

protective services officer has the same meaning as in the Victoria Police Act 2013;

public transport parking area means the area of a designated park and ride facility other

than any area of the facility to which any of the following parking control signs applies at

any time—

(a) a bus zone sign within the meaning of the Road Rules;

(b) a permit zone sign within the meaning of the Road Rules;

(c) a taxi zone sign within the meaning of the Road Rules;

public transport premises means—

(a) railway premises; or

(b) bus premises;

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public transport vehicle means a train, a tram or a bus operated by a passenger transport

company, a rail freight operator or a bus company;

railway premises means any land, building, premises or structure owned, occupied or

leased by—

(a) a passenger transport company in connection with its capacity as a provider of a

passenger service;

(b) a rail freight operator in connection with its capacity as a provider of a rail freight

service;

(c) Rail Track; or

(d) Public Transport Development Authority;

railway track means a railway track used by a passenger transport company or rail freight

operator to operate a railway for the carriage of passengers or freight

Road Rules means the Road Safety Road Rules 2009;

stop has the same meaning as in Part 12 of the Road Rules;

the Act means the Transport (Compliance and Miscellaneous) Act 1983;

ticket has the same meaning as in the Transport (Ticketing) Regulations 2006;

tow truck has the same meaning as in the Accident Towing Services Act 2007;

train includes a single carriage (whether powered or not) which does not form part of a set

or series of carriages;

tramway track has the same meaning as in section 221U of the Act;

valid ticket means a ticket that was valid, in accordance with the Transport (Ticketing)

Regulations 2006, for the whole of a person's travel in a passenger vehicle;

vehicle means a conveyance that is designed to be propelled or drawn by any means,

whether or not it is capable of being so propelled or drawn, and includes—

(a) a motor vehicle;

(b) a trailer;

(c) a bicycle;

(d) an air-cushion vehicle;

(e) an animal that is being ridden or that is drawing a vehicle;

(f) a combination of vehicles consisting of a motor vehicle connected to one or more

vehicles—

but does not include—

(g) a wheelchair other than a motorised wheelchair capable of a speed of 10 kilometres

per hour or more;

(h) a wheeled recreational device; or

(i) a wheeled toy;

wheeled recreational device has the same meaning as in the Road Rules;

wheeled toy has the same meaning as in the Road Rules.

(2) For the purposes of these Regulations, the fact that a tramway is not laid entirely in public

streets or roads does not prevent a vehicle running on that tramway from being characterised

as a tram.

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(3) Diagrams used in these Regulations are for illustrative purposes only and are not

intended to be a comprehensive depiction of the situation they illustrate or to extend the

meaning of the regulation to which they relate.

6 Liability for offences

An authorised person (conduct) or an employee, contractor or agent of a passenger

transport company, a rail freight operator or Rail Track is not liable for an offence under

these Regulations for anything reasonably done in the course of their duties.

PART 2—CONDUCT AFFECTING SAFETY Division 1 – General conduct offences

7 Conveying or bringing things likely to injure or endanger

(1) A person in or on a public transport vehicle or public transport premises must not convey

or bring, or attempt to convey or bring, any thing that is likely to injure or endanger

another person or damage property.

Penalty: 10 penalty units.

Example An example of a thing which may be a thing that is likely to injure or endanger any person or likely to

damage property is an explosive device or petrol contained in a fuel tank.

(2) A person must not convey or bring, or attempt to convey or bring, any thing into or onto

a public transport vehicle or public transport premises if an employee of a passenger

transport company, a rail freight operator, Rail Track or a bus company has, in the course

of the employee's duties, informed the person that thing is likely to injure or endanger

any person or likely to damage the public transport vehicle or any property if it is

conveyed or brought into or onto the public transport vehicle or public transport

premises.


8 Protruding part of body or object

A person in a public transport vehicle that is in motion must not protrude or cause to

protrude, from a door, window or hatch of the vehicle any, or any part, of the

following—

(a) the person's body;

(b) another person's body;

(c) an object.


9 Throwing or dropping things

A person must not, without reasonable excuse—

(a) throw any thing from or at a public transport vehicle or public transport premises; or

(b) drop any thing from a public transport vehicle or public transport premises.


10 Creating obstructions

(1) A person in or on a public transport vehicle or public transport premises must not create

an obstruction without reasonable excuse.


(2) A person in or on a public transport vehicle or public transport premises must not do

anything which is likely to cause an obstruction without reasonable excuse.

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11 Carriage of bicycles

(1) A person must not bring a bicycle into a metropolitan train through the first door of the

first carriage of that train.


(2) A person must not be in possession of a bicycle near the first door inside the first

carriage of a metropolitan train.


(3) A person must not bring a bicycle, other than a folding bicycle that is stored inside a bag

or cover, into or onto a tram or bus.


(4) A person must not bring a bicycle, other than a folding bicycle that is stored inside a bag

or cover, onto a tram stop platform.


(5) In this regulation, a folding bicycle means a bicycle that can be folded and placed in a

bag or cover.

12 Riding bicycles etc. on public transport vehicles

A person must not ride a bicycle, wheeled recreational device or wheeled toy in or on

a public transport vehicle.


13 Driving, riding or parking a vehicle on public transport premises

(1) A person must not drive, ride or park a vehicle on any part of public transport premises

that is not designated for the use of vehicles of that type.


(2) A person who drives, rides or parks a vehicle on public transport premises must obey all

parking control signs that apply to the premises.


(3) A person who drives or rides a vehicle or wheeled recreational device on public transport

premises must obey all traffic control devices that apply to the premises.


(4) A person must not drive or ride a vehicle or a wheeled recreational device on public

transport premises in a manner likely to cause injury to or to endanger any person or to

damage property.


(5) A person must not park a vehicle on public transport premises in a manner likely to cause

an obstruction.


(6) A person must comply with any direction (whether given orally, in writing or otherwise)

about driving, riding, stopping, removing or parking of vehicles or wheeled recreational

devices given to the person by an authorised person (conduct) while the person is driving

or riding a vehicle or riding a wheeled recreational device on public transport premises.


Example

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An example of a direction given other than orally or in writing is a direction given by means of a hand

signal.

(7) In this regulation—

(a) parking control sign has the same meaning as in the Road Rules;

(b) traffic control device has the same meaning as in the Road Rules.

14 Unauthorised entering and leaving vehicles and premises

(1) A person must not, without reasonable excuse, enter or leave, or attempt to enter or leave

a public transport vehicle while the vehicle is in motion.


(2) A person must not, without reasonable excuse or the permission of an authorised person

(conduct), enter or leave or attempt to enter or leave a train or tram that stops next to a

platform other than by a doorway next to the platform unless such a doorway is

unavailable.



(conduct), enter or leave or attempt to enter or leave a public transport vehicle, public

transport premises or a designated area other than through an entrance or exit provided

for passengers or the public.



(conduct), enter or leave or attempt to enter or leave a public transport vehicle, public

transport premises or a designated area through an emergency exit other than in an

emergency.



(conduct), jump or climb over any barrier on public transport premises.



(conduct), enter or attempt to enter a public transport vehicle if the vehicle has stopped

only for passengers to leave.



(conduct), leave or attempt to leave a public transport vehicle if the vehicle has stopped

only for passengers to enter.


15 Travelling in, or mounting of, places not intended for travel

(1) A person must not, without reasonable excuse, travel or attempt to travel on a part of a

bus not intended for the purpose of travel.


Note:

It is an offence against section 221ZE(1) of the Act to travel on a part of a train or tram not intended for travel.

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(2) A person must not, without reasonable excuse, mount or attempt to mount any part of a

bus not intended for the purpose of travel by passengers.


Note:

It is an offence against section 221ZD(1) of the Act to mount any part of a train or tram not intended for

travel.

(3) A person must not, without reasonable excuse, step, stand, sit, kneel or lie on or hold

onto an exterior part of a public transport vehicle while the vehicle is in motion.


(4) A rider of a bicycle or a person in or on a wheeled recreational device or wheeled toy

must not attach or attempt to attach himself or herself or another person or the bicycle,

wheeled recreational device or wheeled toy to the exterior of a bus for any purpose.


Note:

It is an offence against section 221ZE(2) of the Act for a person to attach themselves or a bicycle, wheeled

recreational device or wheeled toy to a train or tram.

(5) Sub regulation (4) does not apply to a person who secures a bicycle to a bicycle rack or

other similar fixture attached to the exterior of a bus with the permission of the bus

driver.

Division 2 – Interfering with equipment or property offences

16 Interference with gates and doors

A person in or on any public transport vehicle or on public transport premises must not,

without reasonable excuse—

(a) unlock a lock or open a locked door;

(b) lock any unlocked door;

(c) open or interfere with any locked gate or door;

(d) close or interfere with any unlocked or opened gate or door;

(e) prevent or attempt to prevent an automatic door from opening or closing;

(f) if the release mechanism of an automatic door is operated by an authorised person

(conduct) or in the case of a bus, by the bus driver, open or attempt to open the

automatic door before the release mechanism is operated by the authorised person

(conduct) or bus driver;

(g) make use of the door in a manner likely to cause damage to the release or closing

mechanism connected to the door; or

(h) open or hold open any door on any public transport vehicle while the vehicle is in

motion if the door provides access to the outside of the vehicle.


17 Operating equipment or vehicle

A person must not, without reasonable excuse−

(a) move or attempt to move;

(b) interfere or attempt to interfere with;

(c) tamper or attempt to tamper with; or

(d) operate or attempt to operate−

a bus or any equipment on or in the bus.


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Note:

It is an offence against section 221ZH(1) of the Act for a person to move, interfere with, tamper or operate,

or attempt to do any of these things to a train or tram or equipment on the train or tram.

18 Applying brake or emergency device

A person must not, without reasonable excuse, apply any brake or make use of any

emergency device fitted to a bus.


Note:

It is an offence against section 221ZF of the Act for a person to apply any brake or make use of any

emergency device fitted to a train or tram.

19 Prescribed equipment

The equipment set out in Schedule 2 is prescribed equipment for the purposes of section

222B(1) of the Act.

20 Damage to property

A person must not destroy, damage or deface any property belonging to, occupied by,

leased by or otherwise under the control of a passenger transport company, a rail freight

operator, Rail Track or a bus company.


21 Fires on public transport vehicles and public transport premises

(1) A person must not light a fire in or on a public transport vehicle.


(2) A person must not light a fire in or on public transport premises without appropriate

written authorisation.


(3) A person must not leave a fire that has been lit by that person in or on public transport

premises until the fire is completely extinguished.


(4) A person must not bring any burning substance into or onto a public transport vehicle, or

by any act or omission, cause a burning substance to be brought into or onto a public

transport vehicle.


(5) A person must not bring any burning substance into or onto public transport premises, or

by any act or omission, cause a burning substance to be brought into or on to public

transport premises, in circumstances likely to cause injury to or to endanger any person

or to damage any property.


(6) A person must not throw or drop any burning substance onto or from any public transport

vehicle or public transport premises.


(7) A person must not by any act or omission cause a burning substance to be thrown or

dropped onto or from any public transport vehicle or public transport premises.


(8) A person must not throw any burning substance at a public transport vehicle or public

transport premises.


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(9) In this regulation, burning substance includes a cigarette or cigar or any part of a

cigarette or cigar.

Division 3 – Crossing railway and tramway tracks offences

22 Crossing railway tracks or designated tramway tracks by pedestrians

(1) A pedestrian must not cross or attempt to cross railway tracks or designated tramway

tracks other than at a place provided for crossing by pedestrians unless directed to do so

by an authorised person (conduct).


(2) A pedestrian must not cross or attempt to cross railway tracks or designated tramway

tracks at a place provided for crossing by pedestrians if—

(a) gates at the crossing or at an adjacent vehicle crossing are closed or locked; or

(b) warning signals or devices are operating at the crossing or at an adjacent vehicle

crossing; or

(c) a train or tram can be seen or heard approaching and there is a danger of a collision

with the train or tram if the pedestrian enters the crossing; or

(d) a train or tram is on or entering the crossing; or

(e) the crossing or the path beyond the crossing is blocked; or

(f) the pedestrian is directed not to do so by an authorised person (conduct).


23 Driving or riding across railway or designated tramway tracks

(1) A person must not drive or ride or attempt to drive or ride a vehicle or wheeled

recreational device across railway tracks or designated tramway tracks at a place other

than a level crossing.


(2) A person must not drive or ride or attempt to drive or ride a vehicle or wheeled

recreational device across railway tracks or designated tramway tracks at a level crossing

if—

(a) warning signals or devices are operating at the crossing; or

(b) gates at the crossing are closed or locked; or

(c) a train or tram can be seen or heard approaching and there is a danger of a collision

with the train or tram if the driver or rider enters the crossing; or

(d) the crossing or the road beyond the crossing is blocked; or

(e) a train or tram is on or entering the crossing; or

(f) the person is directed not to do so by an authorised person (conduct).


24 Stopping or standing on crossings between boom gates

(1) A person who drives or rides a vehicle or wheeled recreational device across railway

tracks or designated tramway tracks must not stop the vehicle or wheeled recreational

device on a level crossing between boom gates.


(2) A pedestrian must not stop on a level crossing between boom gates or enter an area

between boom gates if—

(a) the boom gates are closed; or

(b) the pedestrian is directed not to do so by an authorised person (conduct).


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25 Entering a pit between platforms or entering onto railway or tramway tracks

(1) A person must not, without reasonable excuse, enter a place between 2 platforms in

which there is a railway track or tramway track other than at a place provided for

crossing by pedestrians.


(2) A person must not, without reasonable excuse, descend from a platform onto a railway

track or designated tramway track other than at a place provided for crossing by

pedestrians.


(3) A person must not, without reasonable excuse, enter onto a railway track or designated

tramway track other than at a place provided for crossing by pedestrians.


PART 3—CONDUCT AFFECTING AMENITY

26 Indecent, obscene, etc. language and behaviour

A person in or on a public transport vehicle or public transport premises must not—

(a) use indecent, obscene, offensive or threatening language; or

(b) behave in an indecent, obscene, offensive, threatening, disorderly or riotous

manner.


27 Committing a nuisance or conveying things likely to annoy etc.

(1) A person in or on a public transport vehicle or public transport premises must not

convey, bring or attempt to convey or bring any thing that is likely to annoy or disturb

another person.


(2) A person in or on a public transport vehicle or public transport premises must not

commit a nuisance or act in a way that is likely to interfere with the comfort of another

person.


28 Musical instruments on public transport vehicles or premises

A person must not play a musical instrument in or on a public transport vehicle or public

transport premises without appropriate written authorisation.


29 Sound equipment on public transport vehicles or premises

(1) A person must not operate any sound equipment in or on a public transport vehicle or

public transport premises unless—

(a) the sound from the equipment is contained by the use of headphones; or

(b) is otherwise inaudible to other persons in or on the vehicle or premises; or

(c) the person has appropriate written authorisation.


(2) In this regulation sound equipment means a radio, cassette player, compact disc player,

smart phone, tablet, television, MP3 player, a video camera or camera capable of

producing video, DVD player or any other device capable of producing sound, but does

not include a mobile telephone being used to make or receive telephone calls without the

use of a speaker.

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30 Selling and busking etc. on public transport vehicles or premises

(1) A person in or on a public transport vehicle or public transport premises must not,

without appropriate written authorisation—

(a) sell, offer to sell or expose for sale any thing; or

(b) hire or offer for hire any thing; or

(c) tout or ply for custom, hire or employment—

unless that conduct is solicited.


(2) A person in or on a public transport vehicle or public transport premises must not,

without appropriate written authorisation—

(a) distribute handbills; or

(b) solicit money or goods from any person; or

(c) busk.


31 Drinking liquor or possessing an open container of liquor on public transport

vehicles or premises

(1) A person in or on a public transport vehicle or on public transport premises must not

drink from a container that contains, or purports to contain, liquor unless the liquor has

been purchased from, and is consumed at, a place that has been authorised by the

relevant passenger transport company, a rail freight operator, a bus company or Rail

Track as a place where liquor may be consumed.


(2) A person in or on a public transport vehicle or on public transport premises must not

possess an open container that contains, or purports to contain, liquor unless the liquor

has been purchased from, and is consumed at, a place that has been authorised by the

relevant passenger transport company, a rail freight operator, a bus company or Rail

Track as a place where liquor may be consumed.


(3) In this regulation liquor has the same meaning as it has in the Liquor Control Reform

Act 1998.

32 Smoking on public transport vehicles or premises

(1) A person must not smoke tobacco or any other substance in or on any of the following—

(a) a public transport vehicle;

(b) a tram stop shelter or bus stop shelter;

(c) a train platform;

(d) a designated area other than a train platform;

(e) a tram stop platform;

(f) any other public transport premises or part of public transport premises where a

notice is displayed that smoking on that property or part is prohibited.


(2) A passenger transport company or a bus company must ensure, so far as is reasonably

practicable, that acceptable no smoking signs are displayed in a public transport vehicle

in places where a person on that vehicle is reasonably likely to see one or more of the

signs.


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(3) An occupier or owner of public transport premises must ensure, so far as is reasonably

practicable, that acceptable no smoking signs are displayed at tram stop shelters, bus stop

shelters, train platforms, designated areas other than train platforms and tram stop

platforms or other public transport premises where smoking is prohibited in a manner in

which a person is reasonably likely to see one or more of the signs—

(a) when entering the tram stop shelter, bus stop shelter, train platform, designated area

other than a train platform or tram stop platform; or

(b) when in or on the tram stop shelter, bus stop shelter or designated area other than a

train platform; or

(c) when on the train platform or tram stop platform; or

(d) when in, on or entering the public transport premises.



acceptable no smoking sign has the same meaning as in the Tobacco Act 1987;

bus stop shelter means a place where passengers wait to catch a bus that—

(a) is covered by a shelter or other structure; and

(b) is public transport property;

occupier means—

(a) in relation to a tram stop shelter or bus stop shelter, the infrastructure manager

within the meaning of the Road Management Act 2004 of the stop; or

(b) in relation to a train platform, designated area other than a train platform, or tram

stop platform, the relevant passenger transport company that occupies the area or

platform;

tram stop platform means a tram stop that has a raised platform other than where the

platform forms part of a road;

tram stop shelter means a place where passengers wait to catch a tram that—

(a) is covered by a shelter or other structure; and

(b) is public transport property.

33 Littering on public transport vehicles or premises

(1) A person must not leave or deposit litter in or on a public transport vehicle or public

transport premises except in a receptacle provided for that purpose.


(2) A person must not leave or deposit any thing in or on a public transport vehicle or public

transport premises that may endanger any person or property except in a receptacle

provided for that purpose.


Example

An example of a thing that may endanger a person or property is a broken glass bottle.

(3) In this regulation litter has the same meaning as it has in section 4 of the Environment

Protection Act 1970.

34 Spitting

(1) A person must not spit in, on or at a public transport vehicle or on public transport

premises.


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(2) A person who is in or on a public transport vehicle or on public transport premises must

not spit at or on another person.


35 Feet on seats or other furniture

(1) A person must not, without reasonable excuse, place his or her feet on any part of a

public transport vehicle other than—

(a) the floor; or

(b) a part of the vehicle specifically designed for the placing of feet.


(2) A person must not, without reasonable excuse, place his or her feet on any part of the

furniture of a passenger transport company or bus company other than furniture or a part

of furniture specifically designed for the placing of feet.


36 Placing luggage as directed

A passenger on a public transport vehicle must place luggage carried by that passenger as

directed by an authorised person (conduct).


37 Graffiti

A person must not, without appropriate written authorisation, write, draw any word,

representation, character, or affix any poster on any public transport vehicle or public

transport premises.


38 Scratching or burning

A person must not scratch or burn a public transport vehicle or public transport premises.


39 Animals on public transport vehicles or premises

(1) A person must not take any animal onto or into a public transport vehicle or public

transport premises.


(2) Subregulation (1) does not apply if the animal is—

(a) a guide dog, a hearing dog or a guide dog or hearing dog in training for a person

with a sight or hearing impairment; or

(b) an assistance animal; or

(c) a small animal that is placed in a suitable container; or

(d) in the case of a metropolitan train or public transport premises, a dog that is

restrained by the person by a lead or harness and prevented from biting by a muzzle.

(3) A person who takes an animal onto or into a public transport vehicle or onto public

transport premises must remove any matter emanating from the animal or its container

from the vehicle or premises before leaving the premises or vehicle.


(4) An authorised person (conduct) may ask a person in charge of an animal being carried in

a public transport vehicle or on public transport premises to remove the animal from the

vehicle or premises if, in the opinion of the authorised person (conduct), the animal is

causing a disturbance or acting in a manner that poses a risk to the safety of any person.

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(5) A person must remove an animal immediately after being asked to do so under sub-

regulation (4).



assistance animal has the same meaning as it has in the Disability Discrimination Act

1992 of the Commonwealth;

suitable container means a container that is designed specifically for the carriage of

animals and is suitable for the animal being carried in the particular circumstances.

40 Animals on seats

A person who takes an animal onto a public transport vehicle must not allow the animal

or its container to occupy a seat or be placed in a way that prevents another person from

using a seat.


41 Animals not to stray

A person must not allow an animal to stray or wander onto or into a public transport

vehicle or onto public transport premises.


PART 4—SEATING ON PUBLIC TRANSPORT VEHICLES

42 Definition – Part 4

In this Part, reserved, in relation to a seat, means reserved on a V/Line passenger service.

43 Person must vacate designated special needs seat for person with special needs

If a person who is not a person with special needs is sitting in a designated special needs

seat on a public transport vehicle or public transport premises and is requested to vacate

the seat by or on behalf of a special needs person or by an authorised person (conduct) to

enable a person with special needs to occupy the seat, that person must vacate the

designated special needs seat.


44 Person must vacate seat for person with special needs

(1) If a person who is not a person with special needs is sitting in a seat other than a

designated special needs seat on a public transport vehicle or public transport premises

and is requested to vacate the seat by or on behalf of a person with special needs or by an

authorised person (conduct) to enable the person with special needs to occupy the seat,

that person must vacate the seat.


(2) This regulation—

(a) does not apply to a person who occupies a seat that is reserved;

(b) does not apply to a person with special needs who occupies any seat on a public

transport vehicle;

(c) applies if all designated special needs seats to which a person with special needs has

reasonable access in the bus, tram or carriage of a train are already occupied by

persons with special needs.

16

45 Person must vacate area designated for persons in a wheelchair

If a person who is not a person in a wheelchair is occupying an area in a public transport

vehicle designated for use by a person in a wheelchair, and is requested to vacate the area

by or on behalf of a person in a wheelchair or by an authorised person (conduct) to

enable the area to be occupied by the person in the wheelchair, that person must vacate

the area.


46 Occupying unreserved seats

If a person is using a seat that is not reserved on a public transport vehicle or public

transport premises in addition to the seat on which that person is sitting and is requested

by another person to make the seat available for the other person to sit in, the person

must make the seat available. Example An example of a person using a seat in addition to the seat on which the person is sitting is that person

placing a bag on an unoccupied seat. Penalty: 5 penalty units.

47 Unauthorised travel and seating

(1) A person must not, without obtaining permission from an authorised person (conduct),

occupy a compartment, sleeping berth, seat or other place in a public transport vehicle

contrary to—

(a) a condition determined by the Secretary under section 220D(1) of the Act; or

(b) a condition of travel specified in writing by the passenger transport company or the

bus company.


(2) An authorised person (conduct) may request a person to comply with a condition referred

to in subregulation (1)(a) or (1)(b).

(3) An authorised person (conduct) may, on reasonable grounds, request a person in a public

transport vehicle to occupy a particular seat in that vehicle.

(4) A person must comply with a request made by an authorised person (conduct) under

subregulation (2) or (3).


PART 5 – PARKING AT DESIGNATED PARK AND RIDE FACILITIES

Division 1—Preliminary

48 Purpose of Part

The purpose of this Part is to regulate the parking of motor vehicles at designated park

and ride facilities so that parking bays at those facilities are available for users of public

transport at times when those facilities are most used.

49 Meaning of driver

In this Part driver means a person who is driving, riding, or otherwise in control of a

motor vehicle.

17

Division 2—Parking in public transport parking area

50 Application of Division

This Division does not apply to—

(a) a person leaving an exempt vehicle parked in the course of the person's duty as the

driver of an exempt vehicle; or

(b) a person leaving a motor vehicle parked in the course of the person's duty as the

sheriff, the deputy sheriff or a sheriff's officer (within the meaning of the Sheriff

Act 2009); or

(c) a person leaving a motor vehicle parked in a public transport parking area if the

person—

(i) has been authorised to do so under regulation 62 in respect of the designated

park and ride facility at which the area is located; and

(ii) complies with the conditions, if any, to which the authorisation is subject; or

(d) a person leaving a motor vehicle parked in compliance with a direction given under

regulation 63(1); or

(e) a person leaving a tow truck parked while the person is engaged in loading, towing

or connecting to a vehicle referred to in rule 312(3) of the Road Rules if—

(i) the tow truck displayed a flashing light while it was left parked; and

(ii) the person acted safely while the tow truck was left parked; and

(iii) the person left the tow truck parked for no longer than was necessary to engage

in loading, towing or connecting to the other vehicle. Note Regulation 6 provides that an authorised person (conduct) and an employee, contractor or agent of a

passenger transport company, a rail freight operator or Rail Track are not liable for an offence under these

Regulations for anything done in the course of duty by that person.

51 Person who leaves motor vehicle parked must use public transport

(1) A person must not leave a motor vehicle parked in a public transport parking area at any

time between 6 a.m. and 7 p.m. on a business day unless—

(a) any of the following persons validly uses public transport at any time between 12

a.m. on that day and 2 a.m. on the next day while the motor vehicle remains

parked—

(i) the person who parks the motor vehicle;

(ii) a person who is a passenger in the motor vehicle when it is parked;

(iii) a person who removes the motor vehicle from the designated park and ride

facility at which the public transport parking area is located;

(iv) a person who is a passenger in the motor vehicle when it is removed from the

designated park and ride facility at which the public transport parking area is

located; or

(b) regulation 52, 53 or 54 applies.


(2) If a person leaves a motor vehicle parked in contravention of subregulation (1) for longer

than one day—

(a) only one criminal proceeding in respect of an offence against subregulation (1) may

be commenced in respect of those circumstances; and

(b) only one infringement notice in respect of an offence against subregulation (1) may

be issued in respect of those circumstances. Note An infringement notice served in respect of the offence in subregulation (1) is a parking infringement and

the operator onus provisions in Part 6AA of Road Safety Act 1986 apply.

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52 Exception—person who does not leave park and ride facility

A person does not contravene regulation 51(1) if—

(a) the motor vehicle is parked for no longer than 1 hour; and

(b) while the motor vehicle is parked, the person does not leave the designated park and

ride facility containing the public transport parking area at which the motor vehicle

is parked. Examples 1 A person may park in a public transport parking area at 8 a.m. on a business day and, without

leaving the designated park and ride facility, drop off a passenger at the railway station at which

the area is located.

2 A person may park in a public transport parking area at 5.30 p.m. on a business day and, without

leaving the designated park and ride facility, collect a passenger from the railway station at which

the area is located.

53 Exception—emergencies and other Road Rules matters

A person does not contravene regulation 51(1) if—

(a) the person leaves the motor vehicle parked in the public transport parking area

because the vehicle is disabled, and the person leaves the vehicle parked for no

longer than is necessary for the vehicle to be moved safely to a place where the

person is permitted to park the vehicle under the Road Rules; or

(b) the person leaves the motor vehicle parked in the public transport parking area to

deal with a medical or other emergency, or to assist a disabled vehicle, and the

person leaves the vehicle parked for no longer than is necessary in the

circumstances; or

(c) the person leaves the motor vehicle parked in the public transport parking area

because the condition of the person, a passenger or the vehicle makes it necessary

for the person to leave the vehicle parked in the interests of safety, and the person

leaves the vehicle parked for no longer than is necessary in the circumstances; or

(d) the person leaves the motor vehicle parked in the public transport parking area to

comply with a provision of the Road Rules, and the person leaves the vehicle parked

for no longer than is necessary to comply with the provision.

54 Exception—using public transport without valid ticket but taking all

reasonable steps

(1) Regulations 12 and 14 of the Transport (Ticketing) Regulations 2006 apply to the

prosecution of a person for an offence against regulation 49(1) as if—

(a) a reference to a charge under regulation 6(1) or 7(2) were a reference to a charge for

an offence against regulation 51(1); and

(b) a reference to the person charged were a reference to any of the following persons

who, at any relevant time, travelled in a passenger vehicle without being in

possession of a valid ticket for that travel—

(i) the person who parked the motor vehicle;

(ii) a person who was a passenger in the motor vehicle when it was parked;

(iii) the person who removed the motor vehicle from the designated park and ride


(iv) a person who was a passenger in the motor vehicle when it was removed from

the designated park and ride facility at which the public transport parking area is

located.


relevant time means a time—

19

(a) between 12 a.m. on the day on which the offence is alleged to have been committed

and 2 a.m. on the next day; and

(b) during which the motor vehicle remained parked in the public transport parking area.

Division 3—Removing a motor vehicle parked at a public transport parking area

55 Application of Division

This Division does not apply in relation to—

(a) the removal of an exempt vehicle by a person in the course of the person's duty as

the driver of an exempt vehicle; or

(b) the removal of a motor vehicle by a person in the course of the person's duty as the

sheriff, the deputy sheriff or a sheriff's officer (within the meaning of the Sheriff

Act 2009); or

(c) the removal of a motor vehicle from a designated park and ride facility by a person

who—

(i) has been authorised to do so under regulation 62 in respect of the facility; and

(ii) complies with the conditions, if any, to which the permission is subject; or

(d) the removal of a motor vehicle in compliance with a direction given under regulation

63(1); or

(e) the removal of a motor vehicle that was parked in compliance with a direction given

under regulation 63(1); or

(f) the removal of a tow truck that is loaded with or towing, or connected to, a vehicle

referred to in rule 312(3) of the Road Rules. Note Regulation 4 provides that an authorised person (conduct) and an employee, contractor or agent of a

passenger transport company, a rail freight operator or Rail Track are not liable for an offence under these

Regulations for anything done in the course of duty by that person.

56 Person removing motor vehicle must have valid ticket

(1) A person who removes from a designated park and ride facility a motor vehicle that was

parked in a public transport parking area at the facility at any time between 6 a.m. and 7

p.m. on a business day (the relevant day) must, unless regulation 58, 59, 60 or 61

applies, have in the person's possession, or be accompanied by a passenger who has in

that person's possession, a valid ticket for travel at a relevant time.




(a) between 12 a.m. on the relevant day and 2 a.m. on the next day; and

(b) during which the motor vehicle remains parked in the public transport parking area.

(3) The offence in subregulation (1) is an operator onus offence for the purposes of Part

6AA of Road Safety Act 1986.

57 Request to produce valid ticket

(1) This regulation applies if—

(a) a motor vehicle was parked in a public transport parking area at any time between 6

a.m. and 7 p.m. on a business day (the relevant day); and

(b) a person (the driver)—

(i) is removing the motor vehicle from the designated park and ride facility at

which the public transport parking area is located; or

(ii) is driving or riding the motor vehicle in the designated park and ride facility towards

an exit of the facility for the purpose of exiting the facility; or

(iii) has just driven or ridden the motor vehicle from the designated park and ride facility.

20

(2) An authorised officer may, at or in the immediate vicinity of the designated park and ride

facility, request the driver to produce for inspection, from the possession of the driver or

from a passenger in the motor vehicle, a valid ticket for travel at any time—

(a) between 12 a.m. on the relevant day and 2 a.m. on the next day; and

(b) during which the motor vehicle remained parked in the public transport parking area.

(3) A person must comply with a request made under subregulation (2) unless regulation 58,

59, 60 or 61 applies.


(4) The offence in subregulation (3) is an operator onus offence for the purposes of Part

6AA of Road Safety Act 1986.

58 Exception—person who does not leave park and ride facility

A person does not contravene regulation 56(1) or 57(3) if—

(a) the motor vehicle is parked for no longer than 1 hour; and

(b) while the motor vehicle is parked, the person does not leave the designated park and

ride facility containing the public transport parking area at which the vehicle is

parked. Examples 1 A person may park in a public transport parking area at 8 a.m. on a business day and, without

leaving the designated park and ride facility, drop off a passenger at the railway station at which

the area is located, and then remove the motor vehicle without producing a ticket referred to in

regulation 57(2).

2 A person may park in a public transport parking area at 5.30 p.m. on a business day and, without

leaving the designated park and ride facility, collect a passenger from the railway station at which

the area is located, and then remove the motor vehicle without producing a ticket referred to in

regulation 57(2).

59 Exception—use of public transport by certain other persons

(1) A person does not contravene regulation 56(1) or 57(3) if any of the following persons

validly used public transport at a relevant time—

(a) the person who parked the motor vehicle in the public transport parking area;

(b) a person who was a passenger in the motor vehicle when it was parked in the public

transport parking area.



(a) between 12 a.m. on the business day in relation to which the offence is alleged to

have been committed and 2 a.m. on the next day; and

(b) during which the motor vehicle remains parked in the public transport parking area.

60 Exception—emergencies and other Road Rules matters

A person does not contravene regulation 56(1) or 57(3) if—

(a) the motor vehicle is parked in the public transport parking area because the vehicle

is disabled, and the vehicle is left parked for no longer than is necessary for the

vehicle to be moved safely to a place where it is permitted to park the vehicle under

the Road Rules; or

(b) the motor vehicle is parked in the public transport parking area to deal with a

medical or other emergency, or to assist a disabled vehicle, and the vehicle is left

parked for no longer than is necessary in the circumstances; or

(c) the motor vehicle is parked in the public transport parking area because the

condition of the driver, a passenger or the vehicle makes it necessary to park the

21

vehicle in the interests of safety, and the vehicle is left parked for no longer than is

necessary in the circumstances; or

(d) the motor vehicle is parked in the public transport parking area to comply with a

provision of the Road Rules, and the vehicle is left parked for no longer than is

necessary to comply with the provision.

61 Exception—using public transport without valid ticket but taking all reasonable

steps

(1) Regulations 12 and 14 of the Transport (Ticketing) Regulations 2006 apply to the

prosecution of a person for an offence against regulation 56(1) or 57(3) as if—

(a) a reference to a charge under regulation 6(1) or 7(2) were a reference to a charge for

an offence against regulation 56(1) or 57(3); and

(b) a reference to the person charged were a reference to any of the following persons

who, at any relevant time, travelled in a passenger vehicle without being in

possession of a valid ticket for that travel—

(i) the person who parked the motor vehicle;

(ii) a person who was a passenger in the motor vehicle when it was parked;

(iii) the person who removed the motor vehicle from the designated park and ride


(iv) a person who was a passenger in the motor vehicle when it was removed from

the designated park and ride facility at which the public transport parking area is

located.


relevant time has the same meaning as it has in regulation 59.

Division 4—Miscellaneous

62 Authorisation to park, leave parked and remove a motor vehicle

(1) A relevant body may authorise a person to do the following things without complying

with regulations 51(1), 56(1) and 57(3)—

(a) park a motor vehicle in a public transport parking area at the designated park and

ride facility that is specified in the authorisation; and

(b) leave the motor vehicle parked in the area referred to in paragraph (a); and

(c) remove the motor vehicle from the facility referred to in paragraph (a).

(2) An authorisation issued by a relevant body that is a passenger transport company may be

issued only in relation to a designated park and ride facility that belongs to or is under

the control of the passenger transport company.

(3) An authorisation—

(a) must be in writing; and

(b) may be subject to any conditions specified in the authorisation, including a condition

stating that the authorisation is given in relation to a specified period of time.


relevant body means—

(a) a passenger transport company; or

(b) the Public Transport Development Authority; or

(c) Rail Track.

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63 Directions in relation to parking at designated park and ride facility

(1) An authorised officer may give a direction to the owner or driver of a motor vehicle in

relation to the parking of the motor vehicle at, or the removal of the motor vehicle from,

a designated park and ride facility.

(2) Subject to subregulation (5), a direction under subregulation (1) may be given orally or

in writing.

(3) Without limiting subregulation (1), a direction under that subregulation may—

(a) direct that the motor vehicle not be parked at the designated park and ride facility; or

(b) direct that the motor vehicle be removed from the designated park and ride facility;

or

(c) direct that a motor vehicle that has just left the designated park and ride facility must

stop.

(4) A direction under subregulation (1) may be given—

(a) regardless of whether the owner or driver is in the motor vehicle; and

(b) regardless of where the authorised officer is at the time the direction is given; and

(c) regardless of whether the motor vehicle is at or has just left the designated park and

ride facility.

(5) A direction under subregulation (1) that directs that a motor vehicle not be parked at the

designated park and ride facility—

(a) must be given in writing; and

(b) may prohibit the parking of the motor vehicle on days or at times that are specified

in the direction.

(6) A person to whom a direction is given under subregulation (1) must comply with the

direction.


64 Expiry of Part

This Part expires on 30 June 2017.

PART 6—MISCELLANEOUS

65 Double jeopardy

(1) A person is not liable to be prosecuted or served with an infringement notice for more

than one of the following offences in relation to a single instance of a motor vehicle

being left in and subsequently removed from a public transport parking area—

(a) an offence against regulation 51(1) in relation to a motor vehicle being left parked at

a public transport parking area for a period of time;

(b) an offence against regulation 56(1) in relation to the motor vehicle being removed at

the end of that period from the designated park and ride facility at which the area is

located;

(c) an offence against regulation 57(3) in relation to a request made under regulation

57(2) to the person who is removing the motor vehicle as described in paragraph (b).

(2) A person is not liable to be prosecuted or served with an infringement notice for more

than one of the following offences in relation to the same facts or circumstances—

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(a) an offence against regulation 11(7) in relation to a direction about the driving,

riding, stopping, removing or parking of a motor vehicle or wheeled recreational

device while the person on public transport premises;

(b) an offence against regulation 63(6) in relation to a direction about the parking of a

motor vehicle at, or the removal of a motor vehicle from, a designated park and ride

facility.

66 Request to leave vehicle or premises

(1) An authorised person (conduct), a tram driver or a bus driver may ask a person to leave a

public transport vehicle if—

(a) the public transport vehicle is fully loaded with passengers when the person enters

the vehicle; or

(b) the person remains in a doorway, vestibule, corridor or gangway after being asked

by an authorised person (conduct), tram driver or bus driver not to do so; or

(c) the person is behaving in a violent, noisy or offensive manner; or

(d) the person's clothing or luggage is reasonably believed by an authorised person

(conduct), tram driver or bus driver to be likely to soil or damage any property of the

passenger transport company, rail freight operator, Rail Track, or the bus company

or the property of any other person; or

(e) the person enters, boards or attempts to enter or board or remain on board the public

transport vehicle after being asked by an authorised person (conduct), tram driver or

bus driver not to do so.

(2) An authorised person (conduct) may ask a person to leave public transport premises if—

(a) the person is behaving in a violent, noisy or offensive manner; or

(b) the person is reasonably believed by the authorised person (conduct) to be so

affected by alcohol or other substances that the person is likely to behave in an

offensive manner.

(3) An authorised person (conduct) may ask a person to leave a public transport vehicle or

public transport premises if the authorised person (conduct) reasonably believes that—

(a) if the public transport vehicle is a passenger vehicle, the person has failed to comply

with regulation 7(2) of the Transport (Ticketing) Regulations 2006 in respect of

travel in that passenger vehicle; or

(b) the person has failed to comply with regulation 6(2), 8(2) or 10(3) of the Transport

(Ticketing) Regulations 2006 in respect of an entry to a designated area that is part

of the public transport premises; or

(c) if the public transport vehicle is a passenger vehicle, the person has failed to comply

with regulation 6(1) or 9(3) of the Transport (Ticketing) Regulations 2006 in respect

of travel in that passenger vehicle; or

(d) the person has committed an offence against the Act or these Regulations.

(4) A person who is asked to leave a public transport vehicle or public transport premises

under subregulation (1), (2) or (3) must comply with the request immediately.


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SCHEDULE 1

Regulation 5 Designated park and ride facilities

1. Box Hill Railway Station;

2. Burwood Railway Station;

3. Camberwell Railway Station;

4. Heidelberg Railway Station;

5. Highett Railway Station;

6. Murrumbeena Railway Station.

SCHEDULE 2

Regulation 19

PRESCRIBED EQUIPMENT

Table

Item Equipment

1. A TTA: ACS Expert 900 Melbourne: CVM/AVM-s, also

known as a myki machine (stationary). 2. A Parkeon (Wayfarer) TCON product Melbourne: Bus Driver

Console BDC, also known as a Bus Driver Console.

3. A Parkeon (Wayfarer) TCON product Melbourne: Depot Card

Management Console, also known as a Depot Card

Management Console.

4. A Parkeon (Wayfarer) ICON Product Melbourne: Primary

Tram Driver Console TDC, also known as a Tram Driver

Console.

5. A Parkeon (Wayfarer) ICON Product Melbourne: Secondary

Tram Driver Console TDC.

6. An ACS Product family EVD121 Melbourne: Standalone

Enquiry Machine (SEM), also known as a myki check. 7. A MobileCompia (M3) MC6500S.

8. A Melbourne: Ticket Office Machine (Terminal) Fixed

(TOM/TOT-F)

9. A Melbourne: Ticket Office Machine (Terminal) Mobile

(TOM/TOT-M).

10. A Melbourne: Ticket Office Machine (Terminal) Smart Card

Management Terminal (TOM SMT).

11. An ACS Product family EVD240 Melbourne: Fare Payment

Device Mobile, also known as a myki reader.

12.

13.

An ACS Product family EVD141 Melbourne: Fare Payment

Device Stationary, also known as a myki reader. 14. An ACS Product family EVD360 Melbourne: Fare Payment

Device Mobile, also known as a myki reader.

15. A PSION WORKABOUT PRO S Model 7527S-G2.

16. An ACS Electronic Validation Device EVD340, also known

as a myki reader.

17. An operator access card.

18. A vehicle control unit.

19. A gate attendant control.

20. An electronic gate kit.

21. M3 + eTicket.

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Item Equipment

22. The central computer system within the meaning of the

Transport (Ticketing) Regulations 2006.

23. Ticket barriers within the meaning of the Transport

(Ticketing) Regulations 2006.

24. Smartcard security access model.

1 SR No.69/2005

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